Germany · Advertising framework
Paid social campaigns for digital health products in Germany
General market orientation, not campaign clearance. Research scope and dates
Product and service rules
Medical-device claims must match the assessed purpose
Legal requirement — paraphrased
Applies when: The advertised product or software function is a medical device under the MDR.
For a regulated medical device, Article 7 prohibits misleading text, names and images, including unsupported functions, a false impression of treatment or diagnosis, omission of likely risks, and uses outside the purpose assessed for conformity. This includes software when it meets the medical-device definition.
Check HWG scope in addition to the EU product rules
Legal requirement — paraphrased
The HWG also reaches specified devices and other health-related offers. Its exact public-advertising restrictions depend on the product and provision; do not apply every medicine-specific requirement automatically to a device.
Sources: Heilmittelwerbegesetz (HWG)
Check the clinical standard before advertising remote-only treatment
Legal requirement — paraphrased
Applies when: The message promotes remote diagnosis or treatment within HWG section 9.
Section 9 prohibits the specified advertising of remote diagnosis or treatment, but exempts treatment through communications media where generally recognised professional standards do not require personal contact.
Assess the advertised condition and treatment pathway against that condition. Availability of video software alone does not establish that a remote-only promise is eligible.
Channel rules
Check the complete consumer-facing message
Regulator guidance
The EU consumer-protection framework addresses misleading actions and omissions, including an overall deceptive presentation and undisclosed commercial intent. Review benefits, risks, qualifications and prices as a whole under the national implementing law. Space limits do not provide an automatic exemption from material information requirements.
Sources: EU Unfair Commercial Practices Directive 2005/29/EC
Review personal data separately from the advertisement
Legal requirement — paraphrased
Identify an Article 6 basis for personal-data processing and an applicable Article 9 condition for health data. Provide appropriate transparency and honour the right to object to direct marketing. Permission to deliver healthcare does not automatically authorise advertising use of patient data; electronic contact and trackers also need their own local review.
Approve each placement and targeting setup
Editorial recommendation
Review every crop, caption, carousel and boosted creator asset. Document targeting inputs and remove health-data audiences unless a separate privacy review supports them.
Assess terminal access separately from the GDPR basis
Legal requirement — paraphrased
Section 25 TDDDG generally requires informed consent for storing or accessing information on a user’s terminal. Its exceptions concern transmission and what is strictly necessary for a digital service expressly requested by the user.
A GDPR processing basis does not itself remove this separate consent requirement. Review advertising tags and embedded third-party services before loading them.
Campaign workflow
Digital Health Products: prepare the review
Editorial recommendation
Classify each software function separately: lifestyle, medical software or delivery of care. Link accuracy and clinical outcome claims to the advertised software version and population. Review tracking and marketing data flows separately from permission to provide care.
Keep a traceable campaign decision
Editorial recommendation
Keep one review record linking the offer, local market status, claim evidence, exact creative, media settings and any regulatory or professional clearance. Record who checked each condition. Reopen the review when the offer, claim, source rule or execution changes.
Pre-publication checklist
- Classify each software function separately: lifestyle, medical software or delivery of care.
- Link accuracy and clinical outcome claims to the advertised software version and population.
- Review tracking and marketing data flows separately from permission to provide care.
- Record product or provider eligibility before approving claims.
- Archive the final creative and its evidence, permissions and review decisions.
- Assign an owner for source updates, complaints and prompt withdrawal of inaccurate material.
Scope and unresolved questions
- Nordrhein physician rules and the CJEU pharmacy-incentive distinction are documented. Binding dental codes and other Länder remain to be mapped. The exact pharmacy pricing/reimbursement route and product-specific HWG exceptions require the actual campaign facts.
- This national baseline does not review every broadcaster rule, platform policy, regional licensing condition, promotion mechanic or data-transfer arrangement. No format-specific warning dimensions or durations should be inferred where none are supplied.
Research scope, introduction and dates
A digital-health offer promoted in paid social campaigns in Germany may combine a lifestyle function, medical software and a clinical service. Identify each advertised function and software version, then review clinical claims and the use of personal data separately.
For paid social, review each placement variant as well as the caption, advertiser identity, audience setup and landing page. Boosted creator content also brings the commercial relationship and its disclosure into the assessment.
General market orientation, not legal, regulatory or medical advice, a complete compliance plan or clearance of an advertisement. Actual requirements depend on the specific offer and campaign.
How to use this national baseline
Editorial overview
This framework combines researched national rules with editorial review steps. Federal product-advertising rules plus EU requirements; Länder professional and provider rules need a local check. A visible channel workflow does not establish that the selected product or service may be advertised there. Read the category restrictions first.
The review date identifies when the cited provisions or regulator excerpts were checked. It does not mean that every local rule, exception, professional standard or platform policy has been reviewed.
Sources
- EU Medical Devices Regulation 2017/745
Targeted source review; apply the cited provision to the exact offer and check subsequent changes before launch.
- Heilmittelwerbegesetz (HWG)
Targeted source review; apply the cited provision to the exact offer and check subsequent changes before launch.
- EU Unfair Commercial Practices Directive 2005/29/EC
EU framework implemented through national law; sector rules and local implementation also apply.
- EU General Data Protection Regulation 2016/679
Targeted source review; apply the cited provision to the exact offer and check subsequent changes before launch.
- HWG — Section 9, advertising remote treatment
Targeted review on 25 October 2026. This date does not certify the currency of other sources or resolve local and campaign-specific requirements.
- TDDDG — Section 25, terminal-device privacy
Targeted review on 25 October 2026. This date does not certify the currency of other sources or resolve local and campaign-specific requirements.
From framework to action
Local expertise in Germany
Find support with medical and health marketing, marketing and sales advice, or organizing your business and coordinating projects in Germany.
Medical & health marketing
No partners listed in this category yet.
Marketing & sales advisory
No partners listed in this category yet.
Business & project coordination
No partners listed in this category yet.
Join the local partner directory
Would you like your company to be listed?
Talk to us about the terms of a listing. Leave your details and we will get in touch.